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HomeMy WebLinkAbout131 - 12/03/1985 - REPEALING AND REENACTING CITY CODE REGARDING APPEALS PROCEDURE ORDINANCE NO. 131 , 1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING CHAPTER 3A OF THE CODE OF THE CITY OF FORT COLLINS REGARDING APPEALS PROCEDURE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 3A, Appeals Procedure, of the Code of the City of Fort Collins, be and the same hereby is, repealed and reenacted as follows : Chapter 3A APPEALS PROCEDURE §3A-1. Certain appeals to be taken to City Council . §3A-2. Definitions. §3A-3. Appeal of final decision permitted. §3A-4. Filing of notice of appeal . §3A-5. Review of notice of appeal by City Attorney. §3A-6. Amended notice of appeal permitted. §3A-7. Cost of appeal . §3A-8. Record on appeal . §3A-9. Scheduling of the hearing. §3A-10. Procedure at the hearing. §3A-11. Alternative actions available to Council . §3A-1. Certain appeals to be taken to City Council . Appeals from the following boards and commissions, permitted under the provisions of this chapter, shall be taken to the City Council in the manner as set forth herein : A. Building Board of Appeals. B. Fire Board of Appeals. C. Landmark Preservation Commission. D. Building Contractors Licensing Board. E. Planning and Zoning Board. F. Storm Drainage Board. G. Zoning Board of Appeals. §3A-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: Appellant -- a party-in-interest who has taken an appeal from a board or commission to City Council by the filing of a notice of appeal . Applicant -- the person who or organization which submitted the application to the board or commission whose decision has been appealed. Final Decision -- action of a board or commission by vote of a majority of its members when no further rehearing is available before such board or commission. Party-in-interest -- A person who or organization which has standing to appeal the final decision of a board or commission. Such standing to appeal shall be limited to the following: ( 1) the applicant. (2) any party holding a proprietary or possessory interest in the real or personal property which was the subject of the decision of the board or commission whose action is to be appealed. (3) any person to whom or organization to which the City mailed notice of the hearing of the board or commission. (4) any person who or organization which sent written comments to the board or commission prior to the action which is to be appealed. (5) any person who appeared before the board or commission at the hearing on the action which is to be appealed. (6) the City Council of the City of Fort Collins as represented by the request of a single member of the Council . New Evidence -- any evidence relating to the proposal or application which was the subject of final decision by a board or commission and which was not presented at the hearing before such board or commission. §3A-3. Appeal of final decision permitted. A party-in-interest may appeal to the City Council the final decision of any board or commission to which this appeal procedure applies in the manner provided herein. Grounds for such appeal shall be limited to allegations that the board or commission committed one or more of the following errors : ( 1) abuse of discretion, in that its decision was arbitrary and without the support of competent evidence in the record. (2) failure to properly interpret and apply relevant provisions of the Code and Charter of the City of Fort Collins. (3) failure to conduct a fair hearing in that: (a) the board or commission exceeded its authority or jurisdiction as contained in the Code and Charter of the City of Fort Collins, (b) the board or commission substantially ignored its previously established rules of procedure, or (c) the board or commission considered evidence relevant to its findings which was substantially false or grossly misleading. §3A-4. Filing of notice of appeal . An appeal shall be taken by filing a notice of appeal of the final decision of a board or commission to which this chapter applies with the City Clerk within fourteen (14) days after the action which is the subject of the appeal . Such notice of appeal shall include the following: (1) the action of the board or commission which is the subject of the appeal . (2) the date of such action. (3) the name, address , telephone number and relationship of the appellant to the subject of the action of the board or commission. (4) the grounds for the appeal , including specific allegations of error to be considered on appeal . §3A-5. Review of notice of appeal by City Attorney. Within five (5) working days of the date of the filing of the notice of appeal , said notice shall be reviewed by the City Attorney for any obvious defects in form or substance. The City Clerk shall notify the appellant in writing by certified mail of any such defect in the notice of appeal within ten (10) working days from the date or tiIiny of the notice of appeal . §3A-6. Amended notice of appeal permitted. An amended notice of appeal may be filed by the appellant at any time prior to the time for mailing by the City Clerk of notice of the appeal to other parties-in-interest as contained in Section 3A-9 of this Chapter. Such amended notice of appeal shall be in the same form as the original notice of appeal . §3A-7 . Cost of appeal . The appellant shall be charged a fee of seventy-five dollars ($75. ) for the cost of the appeal , to be paid to the City Clerk at the time of the filing of the notice of appeal . §3A-8. Record on appeal . Any appeal to the City Council shall be an appeal on the record of the hearing before the board or commission. The record provided to the City Council shall include the following: (1) Detailed minutes of the proceedings before the board or commission from which the appeal has been taken. (2) All exhibits received by the board or commission at said proceedings. (3) A verbatim transcript of such proceedings before the board or commission, or any portion thereof, at the option and expense of any party-in-interest. §3A-9. Scheduling of the hearing. In the event of an appeal , the City Clerk shall schedule a date for hearing the appeal before the City Council as expeditiously as possible and the City Clerk shall provide the appellant and all other parties-in-interest fourteen (14) days written notice of the date, time and place of the hearing as l,ielI as the grounds for the appeal as contained in the written notice of appeal . §3A-10. Procedure at the hearing. At the hearing on the appeal by City Council there shall first be a determination by the Council , by majority vote of its members , whether the written grounds for appeal conform to the requirements of Section 3A-3 of this Chapter. If the grounds do not so conform, the appeal shall be denied. If the grounds do so conform, the appeal shall be considered on its merits through the following presentations , each of which may be limited in time and scope at the discretion of the Council : ( 1) Explanation of the nature of the appeal and presentation by City staff. (2) Presentation by the appellant. (3) Presentation by opponents of the appeal . (4) Public discussion. (5) Motion, discussion and vote by Council . §3A-11. Alternative actions available to Council . The Council shall consider an appeal based upon the record on appeal and relevant provisions of the Code of the City of Fort Collins and Charter of the City of Fort Collins . New evidence shall not be considered on appeal . At the conclusion of such hearing, the Council shall uphold, overturn or modify the decision of the board or commission. Introduced, considered favorably on first reading and ordered published this 5th day of November, A.D. 1985 , and to be presented for final passage on the 3rd day of December, A.D. 1985. z M or ATTEST: City Clerk 1985.Passed and adopted on final reading this 3rd day of December, A.U. Fiayor ATTEST: Y . Cit Clerk —